DPP v O'Regan
| Jurisdiction | Ireland |
| Judge | Mr. Justice McCracken |
| Judgment Date | 16 June 2006 |
| Neutral Citation | [2006] IECCA 82 |
| Court | Court of Criminal Appeal |
| Date | 16 June 2006 |
[2006] IECCA 82
COURT OF CRIMINAL APPEAL
McCracken J.
Lavan J.
Murphy J.
BETWEEN:
CRIMINAL LAW:
Appeal
New evidence - Admission of expert opinion - Point of exceptional public importance -Facts of cases - Leave to appeal to Supreme Court refused (240/2003 - CCA - 16/6/2006)[2006] IECCA 82 DPP v O'Regan
Facts: The applicant requested a certificate pursuant to s.29 of the 1924 Act certifying as a point of law of exceptional public importance the issue as to whether in all the circumstances this honourable court was correct in refusing to admit the fresh expert evidence sought to be adduced at the appeal hearing.
Held by the Court of Criminal Appeal (McCracken, Lavan, Murphy JJ) in refusing the application: That the applicant was tried on two occasions in relation to this matter and it was open to him on both occasions to obtain expert evidence such as that sought to be introduced at this stage. The circumstances of this case did not raise a point of law of exceptional public importance.
Reporter: L.O’S.
16th day of June 2006 by Mr. Justice McCracken
The court has already delivered judgment on the 27 th April 2006 in relation to the substantive application in this matter. In that judgment the court refused to allow new evidence to be adduced. The court has now been asked to grant a certificate pursuant to section 29 of the Courts of Justice Act 1924 certifying a point of law of exceptional public importance allowing an appeal to the Supreme Court.
It is suggested by the applicant that the point of law to be certified is:-
"Whether in all the circumstances this honourable court was correct in refusing to admit the fresh expert evidence sought to be adduced by the applicant, to the effect that as a matter of certainty the rape did not occur as alleged by the complainant; and that as a matter of probability, no rape occurred; and in particular:-"
(a) whether the criteria for deciding whether to admit fresh evidence to this honourable court includes a requirement that the evidence was not available to the applicant prior to the trial; or whether the said issue is merely an important factor in considering the requirements...
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